Presentation at the Federal University of Esparto Santo, Brazil
News
Out now: Financing Collective Actions in The Netherlands
The book Financing Collective Actions in the Netherlands: Towards a Litigation Fund? has just been published (Eleven International Publishing 2024) and is available open access. The book is authored by the Rotterdam Vici team members Xandra Kramer and Jos Hoevenaars, and Ianika Tzankova and Karlijn van Doorn (both TilbUniversity). It is an English and updated version of a Study commissioned by the Dutch Research and Documentation Centre of the Ministry of Justice, published in September 2023. It discusses developments in Dutch collective actions from a regulatory perspective, including the implementation of the RAD, and contains a quantitative and qualitative analysis of cases that have been brought under the WAMCA. It examines funding aspects of collective actions from a regulatory, empirical and comparative perspective. It delves into different funding modes, including market developments in third party litigation funding, and addresses the question of the necessity, feasibility, and design of a (revolving) litigation fund for collective actions.
A launch event and webinar will take place on 3 July from 15-17.15 hrs CET. Registration for free here.
Published: May 3, 2021
Carlota UcĂn was invited to participate in a webinar organized by the Research group Fundamentos do Processo Civil Contemporâneo (FPCC) coordinated by Professor Dr Hermes Zaneti Jr. at the Federal University of Espirito Santo, Brazil (UFES). In her presentation, she outlined the main features of Public Interest Litigation and how it may have a great impact on promoting access to justice of fundamental rights. In particular, she highlighted that the shift from public to private funding of civil litigation could be benefited from the Public Interest approach, which is more concentrated in raising certain claims that could imply lower cost with greater benefits. This can be explained in part because these claims may provoke the change of a bureaucratic practice or they could protect some public goods. The exchange was very enriching for both sides since Brazil has great experience in this kind of litigation and must face great dilemmas related to costs and access to justice.